I found out this morning "I am" being sued by Unifund CCR, LLC, as assignee of Citybank, NA. The defendant and I have same name and birthday. How can I prove that is not me and that I've never even been a client of that bank? Amount is over 12 thousand dollars.
There is no "easy fix" to this. It will take time to hash it out through the normal court process. Be careful here! Even though you are not the same person that borrowed the money, if you have been served with the summons and complaint, you MUST file an answer to the lawsuit within the 30 day period. Do not try this without a lawyer. You may have certain defenses to the lawsuit that you will need to assert in your answer. You are not going to know what these defenses are on your own. Also, you may want to assert a counterclaim which will also need to be filed at the time you file your answer. You really need to take all the paperwork to a lawyer. Do it quickly as the clock is ticking.
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ask the plaintiff either via letter to via discovery to provide the social security number and credit application that they have to support the claim. When it does not match, tell them to dismiss the claim or you will seek damages for having to defend a frivolous lawsuit. Get an attorney
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